S B MIRZA Vs. NAROTTAM KHARE

JUDGEMENT

(1.) INVOKING the extra-ordinary powers of this Court under Section 482, Cr.P.C. petitioner has preferred this petition for quashing the entire proceedings pending before the Courts below i.e. against the order of Sessions Judge, Chhatarpur dated 16.12.2008 unregistered revision arising out of order dated 14.5.2007 in Cri. Case no.378/07 of the Court of J.MF.C. Nawgaon, district Chhatarpur by which the learned Magistrate has issued process in respect of offence under section 294 and 342 of IPC against him.

(2.) THE undisputed facts of the case are that:

(3.) LEARNED counsel for the petitioner submits that according to section 197 of Cr.P.C. the petitioner who is an Inspector incharge of PS Nawgaon, district Chhatarpur, no cognizance can be taken without obtaining sanction from the competent authority, as he is a Public Servant appointed by State Government and was discharging his official duties. In support of the aforesaid contention learned counsel for the petitioner places reliance on the case of Apex Court Sankaran Moittra v. Sadhna Das and another [ (2006) 4 SCC 584], and Rakesh Kumar Mishra v. State of Bihar [ (2006) 1 SCC 557] wherein it has been held that if the act is done in discharging of the official duty then without sanction no cognizance can be taken.